Divorce Mediation, Collaborative Divorce, and Family Law
Blog Posts

Divorce Mediation Agreement

We acknowledge that the essence of Divorce Mediation is our shared belief that it is in our best interests to commit ourselves to avoiding litigation. We agree to use Divorce Mediation, which does not rely on a Court-imposed resolution, and does rely on an atmosphere of honesty, cooperation, integrity and professionalism geared toward the future well-being of the participants. We want to minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation…

Overnights for Young Children of Divorce

It is generally thought best that overnights for young children be carefully considered by divorcing parents before they are initiated. Key to the success of such overnights are good communication skills and each parent’s ability to put aside their own desires for the benefit of their young children. Above all, the child should not be […]

The Clients Rights

The rights of an attorney’s client are no different than the rights of a customer of any other business or organization. As well, the attorney is a service provider no different than any other business or organization that provides services to the public. Such relationships have implications for both the attorney and the client that […]

Rules of the Road in Helping Establish a Collaborative Environment

Whether the environment is at home, at the workplace or in a legal divorce discussion or negotiation, there are basic “rules of the road” that will lead to successful, non-adversarial collaborative participation. Foremost among these is to take full and complete responsibility for what occurs in the environment. This does not mean one is responsible […]

The Reviewing Attorney in Divorce Mediation

Divorcing parties who enter Divorce Mediation are generally advised by their mediator to have the final agreement reviewed by their separate attorneys before signing. For the client who wants additional assurance that the agreement coming out of the Divorce Mediation process is equitable, having separate counsel review it prior to signing can address that concern, […]

Entering Into Pre-Nuptial Agreements At An Advanced Age

Entering into a Pre-Nuptial Agreement “PNA” for couples contemplating marriage at an advanced age is a way for each to feel secure that what they have accumulated in the years prior to the marriage will be preserved. Later life couples who marry often want their individual estates to be handed down to their children after […]

Collaborative Divorce – Clients Going Off On Their Own

In the Collaborative Divorce Process, there is a collaborative team put into place to support the divorcing couple while they move through the settlement negotiations leading to a legal divorce.  Depending on the needs of the clients, the team could include a financial professional, a divorce coach or a child specialist, in addition to the […]

The Task of the Financial Professional in a Collaborative Divorce Case

The Financial Professional in a Collaborative Divorce case plays a significant role in the process. The Financial Professional must ascertain through diligent document review and examination of records, as well as by dint of experience and knowledge, the clients’ financial landscape.  This means whatever assets, obligations and financial goings on that are part of the […]

Divorce Mediation Guidelines

Divorce Mediation is a voluntary process and is most likely to be successful if the parties are willing to make a good faith effort reach agreement. However, there is no legal obligation to either mediate or to agree any particular settlement. Agreement in Mediation can be reached only when the parties have determined beforehand that […]

Mediation of Post Decree Issues

There are at least 4 areas in an already existing order of divorce or legal separation that are well suited for post decree modification mediation or collaborative settlement. The current orders in each of these areas may be modified if the situation calls for it and the statutory conditions exist for modification. Child Support. By […]

Divorce Mediation’s Rational Approach to Spousal Maintenance

While some jurisdictions are moving toward a formulaic approach to the payment of spousal maintenance, leaving little room for a full review of the parties’ circumstances, many jurisdictions still provide only the most broad of guidelines for decisions around the amount of spousal maintenance paid.  For these latter jurisdictions, using a rational approach to ascertain […]

Settlement Negotiations with Divorce Lawyers

As a long time divorce attorney, I have experienced a range of approaches to settlement negotiations, and the attitudes taken by my colleagues who also specialize in the field of divorce and family law. As I have moved from the traditional adversarial model of divorce settlement negotiations and used mediation and collaborative divorce settlements to resolve […]

The Efficiency of the Collaborative Divorce Settlement Process

Integral to the Collaborative Divorce settlement process is efficiency in making the best use of personnel for specific tasks. This personnel includes not only the two attorneys but the financial professional, the divorce coach and the child specialist. It might seem that use of this personal is overly costly and likely reserved for the wealthy. […]

The Subject Matter of Divorce Mediation

Every case is different than the next, having its’ own unique character and issues. And, while the differences in the modalities for reaching settlement are varied, and in some cases having a significantly different impact on the clients – such as Divorce Mediation contrasted with Divorce Litigation – the subject matter of all modalities is […]

Advising Clients About Settlement Process Options

People initiating a divorce or legal separation come to divorce attorneys with questions; paramount among these is “How do we get started.” This usually means something along the lines of how do we reach a final settlement or how do we go about the divorce process. The attorney can provide a valuable service by refraining […]

Mediating The Property Settlement – Disclosure Of Assets

The role of the mediator in the divorce setting is multi-faceted. Legal information, counseling abilities and mediation skills are called on to support a mutually satisfactory settlement of the divorce issues. One of the most important aspects of the mediator’s role is to ensure that clients are fully informed of the issues that are relevant […]

Decision Making Around Divorce

In such significant, life altering areas as whether to end a marriage, or if a decision to end a marriage seems to have already been made, it is important to know whether the choice was made from a place of clarity or confusion. We need not focus on clarity here, since this state of mind […]

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